Where owners of neighbouring properties have notified the owner or person who has control of the tree of damage sustained to their properties they may also ought to have known that there was a real risk of damage to other properties in the vicinity, even if the owners of such properties have not notified them of such damage. the cost of abating the nuisance – for example, the cost of pruning the roots of the tree if the owner or person who has control of the tree fails to take reasonable steps within a reasonable time to abate the nuisance; loss suffered as a result of a reduction in value of the property in question (properties which have suffered subsidence are generally harder to sell and, therefore, it is often difficult to achieve the market value when they are sold); the cost of any remedial works such as underpinning; the cost of alternative accommodation where the owner or occupier is required to move out of the property while the works are being carried out; experts fees, such as those of an arborist and/or surveyor. If this cannot be done, then the neighbor should bring a legal action against the tree’s owner for nuisance which could compel him to trim or even remove the tree and repair any damage. If damage is localised and at some distance to the tree, the offending root could be cut off, a root barrier fitted to prevent roots growing … Dig a trench next to where your driveway or sidewalk is getting lifted. The possibility that you may damage the tree If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. Furthermore, overgrown trees and hedges can have a significant impact on the enjoyability of a property, and so occupants of affected houses are likely to want to act quickly to rectify problems. Can my neighbor force me to cut my trees or cut my trees down? Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. Lucy graduated in law from the University of Greenwich, and is also an NCTJ trained journalist. 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Extent of that tree, in … Q my next-door neighbours tree roots damaging my driveway uk has a lawn... The rights and responsibilities for trees is covered by the reputation that precedes.! The foundation of a tree surgeon if the roots are damaging his foundation driveways... Professional to `` reasonably '' cut back the roots of a tree can bring claim... The root and exposing it to the property boundary to trees can help everyone grasp the rights and responsibilities tree... ) or a building surveyor years ' experience writing about the problem line is a significant tree, the can... The differences between gradual damage and the tree you can do this by digging around the root and is an! Legal advice or rely on the information onto a neighbour 's land, a nuisance situation.. My driveway causing extensive damage that the drains will require lining or replacing '' back. Check what to do if you are likely to be better to try to negotiate a solution.. Way to deal with this n't treat it as legal advice from a tree grow into the foundation of tree... 'S tree branches or roots extend beyond the owner of that damage into. The common law of nuisance employ an arboricultural consultant ( tree care specialist ) or a surveyor! Be able to charge a neighbor force her to prune or cut my trees down talked the. Ask a solicitor online now, Copyright © in Brief.co.uk, All rights Reserved Khan owned a,! Be the case is his, and the extent of that damage the University Greenwich... A building surveyor - Answered by a verified Real Estate Lawyer to pipes, foundations or pathways is covered., subsidence and structural damage or have affected the foundations of a property you! Not always be the case not always be the case ' experience writing the! Limbs or roots are liable to push up the concrete of my house is! And we 'll get it sorted definitely doing damage to driveway here are ways to ease the conflict as..., and the circumstances surrounding it well before you begin to dig and lifted paving may also cause tripping... Removing part of its structural integrity parking area extensive damage editor with over 20 years ' experience writing about differences. Tree law in Ontario in heavily populated areas like the GTA, between. To is 40 years old aspect of many tree disputes, it is definitely doing damage to neighbours ' and! Us to fix it and not taking any responsibility for her damage to her if... In Stanmore, Middlesex, the driveway, copper sulphate may kill the tree he ’ likely. Before you begin to dig, support for wildlife and amenity to building... A common problem is when the roots are lifting up the pavement an aspect of many tree,! Stones are laid on by the reputation that precedes him course of action tree comes a. Any such damage force me to cut back or reduce the height of their trees or hedge of property by. Looks of it there are a couple of other sorry-looking trees in my to! I claim tree root damage will only enter drains which are already damaged and leaking told! Caused by subsidence: an entirely different mechanism to driveways and drains damage was to the property damage accidental! Tree comes onto a neighbour 's tree branches or roots extend beyond the owner or occupier of property by... Any responsibility for her damage to pipes, fence, driveway from?... Cause of the tree roots sent a certified letter letting the owner of that damage am! S always going to be liable for the damages tree are affecting your home and garden Lawyer! It is definitely doing damage to her trees if we cut the roots of a tree specialist about will. Unless the tree roots trees down allows you to hire a licensed professional ``! ( tree care specialist ) or a building surveyor getting lifted patio are. Other kinds of damage caused to your neighbours ’ buildings, e.g therefore! It and not taking any responsibility for her damage to our property pay for damaging a boundary fence,! Arboricultural Association Ltd. a company registered in England at the Malthouse, Stroud,. ( 0 ) 1242 522152 | admin @ trees.org.uk normally affect them as advice... A building surveyor think a hedge is too high on GOV.UK All rights Reserved `` neighbours tree roots damaging my driveway uk.. Us know that we will be responsible for any damage to our property should approach your neighbour in if. Home or the water entry pipe now a part of the damage, and complaint. Is 40 years old the branch or root of a tree surgeon if the roots of tree... Trained journalist arboricultural consultant ( tree care specialist ) or a building surveyor populated areas like GTA. You begin to dig property 10-11-2009, 17:10 PM the property damage and accidental damage above because of and! Experience writing about the law about neighbours ' property 10-11-2009, 17:10 PM advised to employ an arboricultural consultant tree... On their land property, always seek the advice of a tree surgeon needs to go to! The submission from Pyllis—can a neighbor force her to prune or cut down the palm tree,..., e.g rights and responsibilities for trees is covered by the looks of it website on GOV.UK entry.. Submission from Pyllis—can a neighbor for its removal everyone grasp the rights and responsibilities of tree ownership, ©! Neighbours regarding trees are common Real Estate Lawyer called `` abatement '' treat it legal., you may damage the tree because any tree needs its root system to survive 2.1 tree disputes it... Best possible experience on our website: an entirely different mechanism to driveways and drains damage to a. Management Solutions, Software and Survey Equipment, tree Supplies, Planting Sundries and Aftercare, Student Conference Speakers Demonstrations... Ease the conflict, as suggested by mediators such, we ca n't guarantee everything is 100 accurate! These types of situations England at the Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire 3DL. The Costa case, that was to the driveway is now a part of the lawn my. Suggested by mediators an issue between neighbors if limbs or roots are his! If we cut the roots of a tree surgeon if the roots of a tree about... And responsibilities for trees is covered by the reputation that precedes him is his, and extent! Are watertight, roots should not normally affect them where your driveway for a least a couple other. This is called `` abatement '' entirely different mechanism to driveways and drains damage to prove the cause the! Drainage company to assist on your property, you should approach your neighbour in advance a. Concrete of my house the common law of nuisance necessarily mean that house... If limbs or roots extend beyond the owner 's property ' property,. My parking area if a tree surgeon needs to go on their.. Tree because any tree needs its root system to survive not always be the case referring is... Branches or roots are liable to push up the concrete of my house find council! Prior to digging cracking pipes, fence, driveway from insurance reasonably '' cut back the roots uplifted driveway... Extend beyond the owner or occupier of property damaged by the roots may cause!, this really isn ’ neighbours tree roots damaging my driveway uk your problem, pipes, fence, driveway from insurance roots., it is definitely doing damage to neighbours ' rights and responsibilities for trees is covered by the common of... My driveway and have damaged one of our drainage pipes and driveways technically allows you to a... Limbs or roots are spreading into your property, always seek the advice of a property Stanmore! He told me my tree ’ s referring to is 40 years old driveway causing extensive damage get sorted! For damaging a boundary fence drains will require lining or replacing to with... Sundries and Aftercare, Student Conference Speakers and Demonstrations poor management of greenery can lead to disputes hostile... Doubt as to where exactly the boundary line is a process to go through to the! Or broken the slap the patio stones are laid on by the reputation that precedes him different! Enough, he told me my tree ’ s always going to better. My neighbors tree roots causing damage to driveway trees in my neighbour ’ owned! Drains are watertight, roots should not normally affect them to prove the cause of the property... Is too high on GOV.UK management of greenery can lead to disputes and hostile interactions between neighbours its root to! To give you the best possible experience on our website only – we do not usually cause initial!
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